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5/23:

6 Ways to Make the Most of Mediation

The use of mediation has become an almost universal practice in litigation. More cases are resolved by mediation than by jury trials. Because of this, it is very important that insurance professionals understand the mediation process and learn how to make it effective. read

5/23: Airport suit over damage caused by Obama visit sent to mediation

A public airport is suing the U.S. Secret Service for what it claims was close to $700,000 in property damage caused by a 2010 visit by the president. At the request of attorneys for both sides, U.S. District Court Judge Timothy S. Hillman has sent the case to mediation. The owners of Marlboro Airport filed their $676,000 civil action claiming Obama’s Marine helicopters and armored convoy, including a 20-ton fire-suppression foam truck and other security vehicles, tore up their 1,682-foot runway and grass apron during the commander-in-chief’s 2010 visit to the Massachusetts Emergency Management Agency in Framingham during record flooding. read

5/23: Research project analyses practice of mediation in two public hospitals in Valencian Community

The research project from the Universitat Jaume I de Castellón (Spain) analyses the practice of mediation in two public hospitals in the Valencian Community through cases that involved a team of mediators over two years. read

5/23: Oregon House votes to extend foreclosure mediation

The Oregon House has voted to extend a requirement that some mortgage lenders meet with struggling borrowers and a professional mediator before initiating foreclosure proceedings. The mediation requirement was first adopted last year. It applies only to certain foreclosures that are processed outside the courts. The measure approved Wednesday would extend it to all foreclosures. The majority of foreclosures in Oregon have long been processed outside courts, but they shifted to the judicial system after an appellate court ruling last year. Proponents hope the mediation will lead to an agreement that would allow borrowers to keep their home. The measure goes next to Gov. John Kitzhaber. read

5/23: The Pedestrian–Cyclist Armistice Reached with Online Negotiation

Following in the footsteps of Amsterdam; Portland, Ore.; and Washington, D.C., among other cities, New York is set to launch its bike-share program, Citi Bike, on Memorial Day. New Yorkers have met the impending influx of bikes with both excitement and dread. Slate convened a summit between a representative cyclist and a representative pedestrian to see if they could defuse tensions a bit. Rules were proposed via email and ironed out with a short G-chat session. A bilateral, 10-point resolution to end the decades-long conflict between walkers and bikers is the result! read

5/23: NAFCM Receives Funding for a National Training Resource Center

The National Association for Community Mediation (NAFCM) successfully applied for and will receive $50,000 from the JAMS Foundation (JAMS). The grant is for the development of the Training Resource Center for community mediation nationally. The Training Resource Center (TRC) will be the largest compilation of community mediation resources in the country. NAFCM will partner with community mediation centers across the country to collect new and existing resources including but not limited to PowerPoint, handouts, mocks, videos, and more. read

5/23: NADN Announces Partnerships With DRI - The Voice of The Defense Bar and the American Association for Justice

The National Academy of Distinguished Neutrals, the premier association for experienced civil ADR practitioners is delighted to announce partnerships with DRI, the largest professional organization for members of the defense bar, and the AAJ (formerly the American Trial Lawyers Association), the world’s largest association of trial lawyers. read

5/23: GiveForward partners with Medical Bill Mediation to help families reduce high medical bills

GiveForward, a crowdfunding leader helping families and friends raise money for a loved one's medical bills, is pleased to announce a new partnership with Medical Bill Mediation of the Karis Group, Inc., a service which helps patients consolidate and reduce their healthcare bills. This alliance stems from both organizations' shared mission of empowering patients to face the rising cost of healthcare in America. read

5/21: Judges assigned, mediation dates set in MSU mass litigation

Several lawsuits have been filed in state court against Mountain State University regarding its accreditation. A December order referred pending or subsequently filed state court cases to the mass litigation panel. According to this order, all of these cases involve "harm caused to plaintiff as a result of Mountain State University's loss of its general accreditation, special accreditations in its nursing and nurse anesthetist programs and any other educational programs that require independent accreditation." read

5/21: Mediation Continues in Suit to Block LG Project

Mediation between lawyers for a group preservationists and LG Electronics is ongoing after the effort to find common ground in a lawsuit to block the company's proposed Englewood Cliffs headquarters began early this month, representatives for both sides said Monday. At issue is LG's plan to build a 143-foot high office complex visible above the Palisades in Englewood Cliffs. The preservations say the building will tarnish the scenic cliffs. LG, however, contends the project will bring much-needed jobs to the area and features an environmentally friendly design. read

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Control Anger During Conflict like a Fly on the Wall
by Tammy Lenski
Is Compromise Possible?
by Colin Rule
The Subtlety of Actual Mediations
by Phyllis Pollack
You Catch More Flies with Honey Than Vinegar
by Cinnie Noble
So Who is Your Primary Care Legal Counsel?
by Michael Zeytoonian
ODR: Using Online Dispute Resolution and Recommendations for Further Use
by Dennis Huizing

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More Facilitation Articles

Clients Choose Mediation Based on Mediator’s Words and Silences (2/08/13)
Mary Novak
Recently, I had the good fortune to attend an outstanding webinar by Professor of Social Interaction Elizabeth Stokoe, hosted by the National Association for Community Mediation (NAFCM). Professor Stokoe performs conversation analysis on interactions between mediators and parties. In her presentation, she discussed four common problems mediators may encounter during intake calls with potential clients who are involved in a neighbor-to-neighbor dispute. The problems can lead to the potential client rejecting the opportunity to mediate.

Special Needs Education Dispute Resolution (1/18/13)
Sherri Donovan
Caring for a special needs child involves an often overwhelming lifelong commitment that introduces an added strain to the parents’ own relationship, which can increase the likelihood of divorce. Mediation can be especially valuable to divorcing parents of a special needs child—both during and after the divorce process itself. This articles helps parents to discuss special considerations for themselves and their children.

Musings on the Mediator’s Job (1/18/13)
Tammy Lenski
I’ve been working my way through research notes for my upcoming book and today came across these excerpts on the mediator’s job from Winslade and Monk’s 2000 classic, Narrative Mediation. If you’re a mediator and you haven’t read it, you ought to. They have several worthy sequels, too.

Compulsory Mediation (1/11/13)
Paul Randolph
Protracted litigation can be one of the most destructive elements in society: it destroys businesses, breaks up marriages, and damages health. There is therefore an urgent social need to dissuade people from unnecessarily entering into prolonged disputes. 2 Comments

Face-to-Face Film Review (1/07/13)
Chris Welch
The time has come for a movie to capture the art and struggle of being a conflict resolver/mediator. “Face to Face” is a film that transcends depictions of the mediation field currently found in the US mainstream media. This a raw, unfiltered look at a mediator engaged in the drama of mediation.

A Response To The Critics Of “Profiting From Injustice” (1/04/13)
Pia Eberhardt
Some arbitrators and investment lawyers have rejected these allegations, claiming that the investment arbitration system is not pro-investor biased. They told the Vancouver Sun that “states win a significant number of cases” and have as much influence over the composition of the panel of arbitrators deciding the cases as the claimant.

"Face to Face" Explores Restorative Justice - Jan. 9 & 10 Screenings in LA (1/02/13)
James Melamed
The award-winning film “Face to Face” will screen on January 9 and 10 in Southern California. The Australian drama deals with the concept of restorative justice, in which a mediator is appointed to resolve conflicts and legal issues. Plaintiff and defendant confront each other in a controlled, guided situation. The benefits of such an approach are obvious: Swift justice, rather than a costly protracted trial in the criminal court system: Good for the plaintiff, good for the defendant, good for the taxpaying public.

Year-End Wrap Up: Are We There Yet? (12/27/12)
F. Peter Phillips
Some of us have been at the task of providing alternatives to business litigation for fifteen years. Some have been at it much, much longer. Stepping back from the fray for a moment, one might well ask: Are we any closer to where we want to go? What is the current state of the profession of business mediation, arbitration and negotiation?

Anchoring and Fairness (9/21/12)
Phyllis Pollack
Two weeks ago, I posted a blog about “cognitive bias”. As explained on ScienceDaily.com, “a cognitive bias is any of a wide range of observer effects identified in cognitive science and social psychology…that are common to all human beings.”

PON Setting the Stage - Video (9/11/12)
Guhan Subramanian
Professor Guhan Subramanian has created a video for Harvard's Program on Negotiation called Setting the Stage.

Judge Praises Transformative Mediation (8/20/12)
Dan Simon
This force of law, backed up by full-blown coercive force, is present even in family cases. It is not unheard of for the police to appear at a parent's house "WITH A GUN" to take a child to the other parent's house, based on a court order. Most often we don’t hear about it when that happens, but sometimes we do.

LIBOR Liability: What’s next in Securities Litigation? (8/20/12)
V. James Mann
Securities litigators looking for the “next big thing” cannot have failed to take note of the manipulated LIBOR (London Interbank Offered Rate) investigations and potential prosecutions in the United States and Europe.

Citizen Participation, Media Hype and… Dogs (8/10/12)
Aik Kramer
A while ago, I facilitated a public meeting about dogs in the municipality of Zandvoort (Holland), a fishermans village that, over the years, has transformed itself into a tourist beach resort. It houses approximately 16.000 inhabitants and, with the seasons, has a flow of millions of tourists each year. There are hotels, cafes, clubs, a race-circuit, and of course, there’s the beach itself.

Mediating Between the Mediation Models - Part 3 (8/06/12)
Kathy Goodman
This final section of the Mediation Models article gives an example: What if you had two clients at the table that have a different expectation of what the mediation model will look like? Kathy Goodman presents some practical ideas and literature references to mediate between multiple models. 5 Comments

Mediating Between the Mediation Models - Part 2 (7/30/12)
Kathy Goodman
This article discusses the three most prominent models of mediation: Evaluative, Facilitative, and Transformative. It then compares them with the four mediation stories discussed in Part 1.

Binding Mediation/Baseball Arbitration (7/30/12)
Michael P. Carbone
This article explains one of the settlement options that mediators and clients can utilize. This option provides for binding mediation by including a hybrid dispute resolution process of binding arbitration.

Mediation: The New Workout? (7/30/12)
Clare Fowler
In a recent Fairly Legal episode, I watched Kate Reed on her “mediation high.” Her face was flushed, her words had accelerated. it was apparent her heart rate had quickened. In the midst of the conflict, the tension, and the anxiety she almost looked like she was . . . enjoying herself? 1 Comment

Balance Listening and Limits with Storming Teens (7/23/12)
Lorraine Segal
How can parents stay loving and detached but still listen when challenged by preteens and new teens? My favorite pediatrician, T Berry Brazelton, advises parents of teens who are being challenged or insulted to say calmly, “I’m interested in what you have to say, but you’ll have to find another way of saying it.” (Press Democrat Tuesday December 13, 2011)

The Cold Shoulder (7/23/12)
Cinnie Noble
One of the reactions to people who provoke us is to give them ‘the cold shoulder’. In the dictionaries I consulted, I found that the source of this is Sir Walter Scott. There is no reason explaining its derivation but rather descriptors of what the expression reflects, including words such as aloofness and disdain. 2 Comments

Reading Into Things (7/17/12)
Cinnie Noble
It’s not a straightforward exercise to figure out from where and how our assumptions come to us. Life experience, family, friends, teachers, observations, gossip, others’ tales, and a wide range of variables have an impact on our thinking. How we interpret peoples’ words, actions, behaviours, attitudes, etc. leads us to act and react in ways that are based on our assumptions – not necessarily on what is actually intended. Conflict can easily arise from erroneous perceptions and misinterpretations. Unexplored attributions are antithetical to any effort to master conflict responses.

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